Ziehmer v. Commissioner of Social Security Administration

Filing 17

ORDER accepting 16 Report and Recommendation and granting 12 plaintiff's Motion for Summary Judgment/Remand and denying 14 defendant's Motion for Summary Judgment, Reversing the findings of the Commissioner and Remanding for further proceedings. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAWN R. ZIEHMER,
Plaintiff,
Case No. 17-CV-10024
HON. GEORGE CARAM STEEH
MAG. JUDGE PATRICIA T. MORRIS

vs.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
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ORDER ACCEPTING MAGISTRATE JUDGE=S
REPORT AND RECOMMENDATION (DOC. #16) AND
GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT,
DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT,
REVERSING THE FINDINGS OF THE COMMISSIONER AND
REMANDING FOR FURTHER PROCEEDINGS
This matter is before the court on plaintiff Dawn Ziehmer=s challenge
of a final decision of defendant Commissioner disallowing social security
disability benefits.

Both parties filed summary judgment motions which

were referred to the magistrate judge for report and recommendation.
On September 28, 2017, the magistrate judge issued a report and
recommendation recommending that plaintiff=s motion be granted and
defendant=s motion for summary judgment be denied. The report
concludes that the Commissioner=s decision should be remanded for
further consideration pursuant to sentence four of 42 U.S.C. ' 405(g).
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Objections to the report have not been filed by either party within the
established time period. The court has reviewed the file, record, and
magistrate judge's report and recommendation and accepts the magistrate
judge's recommendation. Accordingly,
IT IS ORDERED that the magistrate's report and recommendation is
accepted as the findings and conclusions of this court.
IT IS FURTHER ORDERED that plaintiff=s motion for summary
judgment is GRANTED, and the Commissioner=s motion for summary
judgment is DENIED, for the reasons well-developed in the magistrate
judge's report and recommendation.
IT IS FURTHER ORDERED that pursuant to sentence four of 42
U.S.C. ' 405(g), the Commissioner=s decision is REVERSED and the case
is REMANDED to the ALJ for further proceedings consistent with the report
and recommendation.
SO ORDERED.
Dated: October 18, 2017
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
October 18, 2017, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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